Onalaska, WI asked in Divorce and Landlord - Tenant for Colorado

Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex spent on the early lease termination fee is considered "spousal support". Is this correct? There is a spousal support order in our CA Judgment, and he is arrears of both spousal and child support. I don't have representation which is why I am posting this - so I'm very grateful for your time! Thank you.

Related Topics:
2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

Sabra M. Janko
Sabra M. Janko
PREMIUM
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: It depends on what you CA court order says. In Colorado, spousal maintenance begins at the time of permanent orders or earlier if there are temporary orders. Usually spousal maintenance is a lump sum paid on a monthly basis, however if specifically ordered, other expenses could be included.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.